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If a mother gets married does the father of the child have to pay child support?

Kent, WA |

I'm just asking because my boyfriend has a child with his ex they were never married, but she is now getting married to another man.

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Attorney answers 3

Posted

The mother's marriage to another man does not automatically relieve the father of his duty to financially support his child.

The father will have to continue with whatever child support he has been ordered to pay. If there is a qualifying change in the mother's financial resources (perhaps due to the income of the new husband), the father may be able to ask the court to review the child support amount.

If the new husband adopts the child, the father would be relieved of his duty to pay child support.

The father should review his facts with an attorney.

Posted

The question is: What does the mother's getting married have to do with the independent obligation your bf has to support his child? The court sees these as two different things--unless, as Mr. Nguyen states, the new husband wants to adopt the child (which would involve your bf ceding his parental rights). Short of that, your bf is still on the hook for support.

Posted

Prior answers are absolutely correct - the marriage has essentially NOTHING to do with the obligation of a parent to pay child support.

Asker

Posted

I have a three year old and his dad pays child support. He signed over all legal rights to me a year ago. I am now engaged. He is not on the birth certificate. If I put my fiance on it to change my sons name from mine to my future husband does he still have to pay?

Michael John Gainer

Michael John Gainer

Posted

Well, complicated scenario. You would have to talk to your own attroney and get legal advice in your state. I would certainly recommend waiting to add a fiance! General advice: From a legal perspective, bio dad is bio dad and will have to pay child support under whatever order applies. If paternity has been established, you can't just redo. You would have to do a step parent adoption with bio dad relinquishing rights and husband adopting. Then husband is dad and bio dad has no more right or obligations, including child support.

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